SECTION 590:1-3-1. Purpose and general overview of administrative hearings

(a)   Purpose. The purpose of this Subchapter is to give the member or participating employer, or in the case of a deceased member a joint annuitant or beneficiary, a reasonable way to have a disagreement or controversy considered fairly. In all cases, the member or participating employer, or the joint annuitant or beneficiary of a deceased member, shall have an opportunity to resolve disagreements with the System without a formal hearing.

(b)   Formal hearing. If a case cannot be resolved informally, the provisions of this Subchapter provide for a formal hearing before a Hearing Examiner, who is not an employee or officer of the System. The Hearing Examiner makes proposed findings, conclusions and recommendations which are reviewed and acted upon by the Board of Trustees.

(c)   Right to appeal. The member or participating employer, or the joint annuitant or beneficiary of a deceased member, retains the right to seek relief from a final order in an administrative hearing by the Board of Trustees by way of appeal to the District Court of Oklahoma County.

(d)   Governing rules. The rules set forth in this Subchapter shall govern all contested proceedings before the System or its delegated Hearing Examiner. These rules shall be given the most reasonable meaning, taken in their total context, and will be construed to secure due process in the proper resolution of each controversy.

[Source: Added at 25 Ok Reg 994, eff 5-11-08; Amended at 26 Ok Reg 951, eff 4-25-09]